In Brief
Jagatjit Industries sought to register the identical trademark 'BLENDERS PRIDE' in 2003, but Seagram (licensee of Pernord Ricard S.A.) opposed it. Seagram sought time extension to file opposition, which the Registrar accepted by processing the notice. However, Jagatjit's registration was issued on 13.1.2004, before the extension period ended. The Supreme Court upheld the Appellate Board's decision that the registration violated Section 23(1) of the Trade Marks Act and was void. The Court clarified that the Registrar's suo motu power to rectify the register under Section 57(4) operates independently of Section 125 and is not barred by infringement suit procedures, as maintaining register purity is a fundamental duty."
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